Minutes: Reavis made a motion to approve the minutes from the January 7, 2013 meeting. S. Jones seconded the motion. Motion carried without opposition.

Appropriations:

December (12B): S. Jones inquired about there being two payments for the Augusta Animal Clinic. Keefer stated it is for the November and December billing. Reavis made a motion to approve Ordinance 12B in the amount of $78,610.41. Childers seconded the motion. Huddleston inquired about the payment to Ameri-Kart Corp for the trash carts. Shaw stated there should not have been a charge for those and he would check on that. Motion carried without opposition.

December (12C): Reavis made a motion to approve Ordinance 12C in the amount of $436,031.80. Childers seconded the motion. Motion carried without opposition.

Visitors: Bill Morris addressed the governing body and stated that his firm has worked with the council over the years and has built a relationship on trust. He stated that last week a council member came to his office and insisted that he would not be allowed to speak at the upcoming work session. Morris asked that is the consensus of the majority of the council and asked if the council will allow public input at the work session. Williams stated that in a typical work shop agenda there is not a time for public input, but given Morris’ expertise and his work with the downtown she wouldn’t have a problem with him giving input. She stated she would have a problem with a council member excluding you from a work session on their own. She stated Morris was there from the beginning of the downtown projects and would hope that he would be at the work session. S. Jones asked if during a typical work shop agenda in input is allowed at a specific time. Williams stated that any council member could direct a question to a member of the audience or to ask for input. Huddleston stated that workshops are for the council to get a better grasp on a subject, and that he doesn’t have a problem with the council asking the audience questions but it is not set up as a public forum. He stated that it is open to the public and given Morris’ background there is a possibility he might be called on with questions. Morris stated he wants to make sure the council hears all diverse opinions, facts, and figures. Huddleston stated it wasn’t him that approached Morris, but that the workshops are not a debate forum but an opportunity to analyze and discuss a subject not in a public forum. Morris stated it is not his intent to debate but to give information. Childers stated the council would be remiss if they did not request Morris’ counsel given his expertise.

Old Business:

Watering Restrictions: Council reviewed and discussed the City’s Watering Restrictions and related issues. Keefer stated he attended a workshop in Topeka and visited with several other cities that have water supply concerns even worse than us. He stated that the drought is very serious and water supply concerns need to be kept in the forefront. Williams stated that Santa Fe Lake is nowhere near the level it was last year and that overall water usage is down. S. Jones asked Keefer what he found out about whether Mulvane is adhering to the restrictions. Keefer stated they are still enforcing the restrictions and that they have never been removed.

Spillway/Dam Project: Jay Anglemyer with MKEC provided an update on the Spillway and Dam Project. Anglemyer stated in November the council requested he ask the contractor to provide a sediment log to address the concerns about erosion. He stated he asked the contractor and they said they would install the sediment log if three of the remaining items were removed from the punch list. Anglemyer stated the first item they are requesting to be removed has to do with the termination of Lakeview Parkway. He stated it doesn’t pose a traffic threat and that the gravel road is in much worse condition. Anglemyer stated the second item has to do with the earthen wedge along portions of the overlaid park road. He stated there are a few spots where there is a mild drop off, mostly on the East side. Anglemyer stated the third item relates to shrinkage cracks along the top of the dam. He stated it is mostly at the south end of the sod and is a total of around 600-700 feet. Anglemyer stated he evaluated each item and his opinion that nothing needs to be done with the termination of Lakeview Parkway. He stated that city staff should be able to address the earthen wedge as time permits and the only cost to the city would be trucking in the dirt. He stated the contractor will provide the dirt if the final pay estimate is paid. Anglemyer stated that once we get some rain the cracks at the top of the dam will disappear, but that it would be simple to fill them with dirt if the city chooses. Anglemyer stated that it is his opinion that if the contractor is willing to purchase and install the sediment log it would be a good idea to accept this offer.

Williams inquired about the value of the sediment log. Anglemyer stated it would be around $5,000 including material and labor costs. S. Jones inquired about the value of the three items on the punch list the contractor wants removed. Anglemyer stated those were not items included in the bid. S. Jones stated they were on the original punch list and asked if the contractor agreed to them originally. Anglemyer stated they had but that the contractor is saying the cracks are weather related. S. Jones asked if the cracks were evident during the walkthrough. Anglemyer stated they were found after the walkthrough on the way back after the contractor left. Williams asked about the length of the cracks. Anglemyer stated the crack is in the same spot along the dam but will run for 50 feet then stop and reappear several hundred feet later. He stated the sod is so dense it didn’t allow for cracks beyond the sodded area. Childers asked if these are just cosmetic concerns. Anglemyer stated they are at this time. He stated they are not structural concerns but it is not something he would want to let go if we didn’t get any rain some time soon.

Huddleston asked if the payment would be made before or after the sediment log was installed. Anglemyer stated he would withhold the 5% retainage until after it was installed. Williams asked Keefer for input. Keefer stated city staff could do the work but it would help with the cost if the contractor provided the dirt. Huddleston stated that some people have said the sediment log may not be necessary after the water levels come up. Anglemyer stated that was correct, but that it might get worse if the water stands at that level for any length of time. He stated it would help guard against future erosion. Malone stated he thought Anglemyer had said there was a different that the city could do for that. Anglemyer stated that was to purchase and install the sediment log. Huddleston made a motion to accept the proposal by the contractor for the contractor to purchase and install the sediment log and in exchange the contractor will be relieved of completing the three items on the punch list. Malone seconded the motion.

Reavis stated his concern is that last time Anglemyer was here he said the sediment log was not that big of a deal and now there are other things that need to be done. Anglemyer stated that he thinks all of these issues are minor details and that while the sediment log may not be needed he thinks it is a good idea. Reavis asked what the contract says about weather related issues and why the cracks on the dam would be any different than other weather related issues. Anglemyer agreed with Reavis that there shouldn’t be a difference. He stated if the council wants the contractor to fix these items he would agree that it is their responsibility. Reavis stated he doesn’t think it is our place to do the contractor’s job. Childers asked for staff opinion. Keefer stated staff is capable of doing the work but that he has mixed emotions with regard to this. He stated the governing body directed Anglemyer to go back to the contractor about the sediment log. He stated there are some areas along the top of the dam where he could put his fist into the cracks and that there is a pretty big drop off along the edge of the park road. Malone, Martin, Huddleston and Childers voted in favor of the motion. Reavis, Rawlings, Jones, and Wallace voted in opposition. Motion carried with Williams breaking the tie in favor of the motion. Williams stated this is contingent on the contractor providing the materials and the 5% retaining not being paid out until it is done. S. Jones asked if these were the last things on the punch list. Anglemyer stated the contractor has told him they are and that he will complete a final walkthrough with city staff to confirm they are done.

S. Jones asked if the city proceeds with the repairs to the crack along the dam and the cracks come back would there be liability on the part of the contractor. Anglemyer stated he believes the dam is at maximum dryness and doesn’t see it getting any worse. He stated there is still a one year warranty on the work. He stated he could make the previous action be contingent that if the cracks come back it is still the contractor’s responsibility to repair them.

Change Order Spillway/Dam Project: Anglemyer stated that when the contractor was paving Lakeview Parkway they hit sub-grade material that was very poor. He stated MKEC’s inspector confirmed that the material was bad and needed to be removed. He stated this wasn’t brought to the council at the last meeting he attended because he did not have the weigh tickets at that time, but that he has confirmed the unit price is a fair price. S. Jones asked if this is within the project budget. Keefer stated there are funds available for this change order. Rawlings made motion to approve Change Order #2 for the Spillway and Dam Project in the amount of $10,163.77. S. Jones seconded the motion. Motion carried without opposition.

East Outfall Sanitary Sewer Repair Project: Council reviewed and discussed the East Outfall Sanitary Sewer Repair Project. Larry Henry with MKEC addressed the council and stated that back in September they started looking at the city’s inflow/infiltration (I/I) problems. He stated this outfall line is damaged and is in urgent need to be fixed so it was put ahead of other items in the I/I program. Henry stated this has been quite a design challenge. He stated the bid solicitations were sent out last Thursday and will be opened on January 29th. He stated a recommendation will be brought to the council at the next meeting with the hopes of completing the project by the middle of March before the wet weather hits. Henry stated it has been a design problem because there are two permitting agencies involved, Division of Water Resources (DWR) and U.S. Army Corps of Engineers. He stated the two agencies have been at odds with each other on how this should be addressed. Henry stated DWR suggested we turn this into a stream restoration and do away with the stream obstruction. He stated the Corps of Engineers said the design would require and individual permit which has a lot more rigorous review process and takes longer and could if they think there are problems with the environment or floodplain we might have mitigation issues. Henry stated the design was re-done based on the requirements from the Corps of Engineers. He stated the permits have been received from DWR and the Corps of Engineers. He stated he feels this project is urgent and needs to be done.

Malone made a motion to approve the amendment to the Engineering Services Agreement with MKEC for the East Outfall Sanitary Sewer Repair Project. Reavis seconded the motion. Motion carried without opposition.

One-Million Gallon Water Storage Tank: Willis Wilson with Aqua Tech Engineering updated the council about the one-million gallon water storage tank repair project. He stated that in December 2011 the decision was made to wait until the lake filled back up before moving forward with this project. He stated that as we proceed with the repairs to the waterline between Augusta and El Dorado it would be better to have more storage at the water plant. Wallace a motion to authorize to proceed with repairs to the one-million gallon water storage tank. Huddleston seconded the motion. Williams asked how long the repairs will take. Wilson stated the tank would be out of service for 45 to 62 days. S. Jones asked why it would take so long. Wilson stated there are several steps involved, including installing a stiffener ring, cutting off the roof, installing a new ladder, painting the tank, etc. He stated the plan is to take the tank out of service mid March. Motion carried without opposition.

Sanitation Services Transition Plan: Council reviewed and discussed the Sanitation Services Transition Plan. Malone stated he remembered that at a workshop or council meeting the council agreed that we should hold town hall meetings and get public input. Williams stated there was a council meeting with a lot of people in the audience and the council voted on this plan. Keefer stated there were discussions that as we move forward with the transition plan we would have meetings for the purpose of educating the public on the plan and new system. He stated that we would plan to meet with people as we move forward with the sanitation program and the pilot program, but that those plans did not include the spring cleanup. Malone stated he would like to see time set aside to start getting some education done. Huddleston stated there was discussion about putting that information out through utility bills and asked if the three spring cleanup options could be listed on a survey included in the bills. When they are returned staff could tally their votes. Huddleston stated he wants the public to feel they are being made part of this process. He stated the spring cleanup information was just brought to the council at a work session last week. Shaw stated he prepared these options at the direction of the governing body and that the Sanitation Committee Plan presented to the council in July included this change to the spring cleanup. Huddleston stated he wants the citizens to have input instead of the council deciding it for them. He stated change is inevitable but he would like to make it as painless as possible. Keefer stated the timetable is a concern. He stated staff could put a survey together if the council wants to do that but it may affect the timetable. Huddleston stated there was nothing in the timetable about involving the public. Rawlings stated the council appointed the Sanitation Committee members and they provided input. Williams stated the sanitation plan has been out there for some time for people to weigh in.

Malone stated if the ultimate goal is to get to the coupon system then maybe it would be good to go to a shortened spring cleanup period with coupons and then transition to the full coupon system. S. Jones stated that maybe option #2 is the most logical option and then staff could prepare a letter to include with the utility bills notifying people of the changes. She stated she doesn’t see a reason to wait, but that we need to send something out. Childers stated he thinks if the city bill is sent in an envelope it would be important to mark the envelope to say it includes the utility bill. Reavis stated he is amazed at the amount of stuff we gather at the spring cleanup. He stated that if he has to load his stuff to take it somewhere, it might as well be the landfill. He stated option #2 is confusing and option #1 simplifies things. Reavis made a motion to approve the landfill coupon system under Option #1 to replace Spring Cleanup. Rawlings seconded the motion. Motion carried with Malone and Martin voting in opposition.

Wallace made a motion to approve the Sanitation Services Transition Plan as presented and to include the landfill coupon system instead of spring cleanup. Reavis seconded the motion. S. Jones stated page 15 says that citizens will still be required to bag trash and that is a pet peeve of hers. She stated she has lived in several communities where carts were used and it was not required that trash be bagged. She stated it is a waste to bag it before putting it into a container. Williams inquired about the wind blowing the carts over. S. Jones stated the lids stay on and she has never had a problem with trash blowing all over. Wallace stated that is true unless someone doesn’t secure their lid. Childers stated he has received six or seven comments from citizens that agree with Jones about bagging trash. Reavis stated that could be a cause for confusion since we cannot bag for recycle. Shaw stated that is a decision that can be made further on in the process. Motion carried without opposition.

Augusta Progress, Inc. Payment: Council reviewed and discussed a payment to Augusta Progress, Inc. (API) that was removed from Appropriation Ordinance 12A and tabled at the January 7, 2013 meeting. Malone stated he asked for this item to be tabled at the last meeting in order to obtain a legal opinion. Mr. All stated he consulted with the Kansas League of Municipalities and was told the council could do what they wanted as far as moving forward with the payment or denying the payment. Willis Wilson spoke as a member of API. He stated he understands the city’s responsibilities and API responsibilities and has appreciated the city’s support. He stated he thought it was a good study and that they had hoped to get funding from the County and Andover but that didn’t materialize. He stated Andover and the County are funding the study about an Airport Authority. Williams stated during the last meeting there was a question about where API funds are invested. Wallace stated he had a two hour long meeting with Bill Morris and his questions were answered. Wilson stated their funds are kept liquid in interest bearing accounts and CD’s where they could be easily accessed if an opportunity arises. Reavis stated API has been given the authority by this council to be the economic development arm of the council. He stated there has to be a partnership and even if they had $500,000 in the bank if the opportunity presented itself that may not be enough. He stated that denying the payment after a majority of the council approved it shows a lack of respect and support of the responsibilities we have given them. Reavis stated API told us upfront that if Andover and the County didn’t participate they would still move forward with the study. He stated the council has no rightful, ethical, or moral reason to deny the payment to them now. Reavis made a motion to pay Augusta Progress, Inc. the $20,000 removed from the previous meeting’s appropriation ordinance. Childers seconded the motion. Childers stated $20,000 a year is a bargain for this community. He stated API is an all volunteer committee. He stated pulling the rug out from under them would do the community a disservice. Malone stated he is not suggesting withholding the funds, but choosing not to participate in the study. He stated the mayor of Andover assured us that they would participate in the cost of the study and then the council meeting told his governing body they should table the issue. He stated he thinks the city should hold on to that money and then API could come back to us and request funds.

Williams stated API’s history on what they have done for this community is pretty impressive. Wallace stated he told Bill Morris that he doesn’t have a problem with API. He stated the reason he recommended withholding the payment is that he has had a bunch of constituents ask him why we would give them that money when things are so tough because of the economic situation. Dalton Patterson addressed the governing body on behalf of API. Patterson stated four businesses were brought in to the Industrial Park by API and he would estimate the city makes $40,000 to $45,000 in real estate taxes from those businesses that they wouldn’t have if not for API. He stated those businesses pay $70,000 to $75,000 annually for utilities. Patterson stated API is an all volunteer committee that is no cost to the city. Patterson asked the council to take all that in to consideration. Martin asked Patterson if any of the loans they made were to businesses that have failed. Patterson stated there were and that they were downtown. Patterson stated Pro-Kleen would have left this community without the $50,000 loan API provided them. Malone called the question. Huddleston seconded. Motion to call the question carried with Rawlings voting in opposition.

Reavis, Rawlings, Childers, and S. Jones voted in favor of the motion to pay Augusta Progress, Inc. the $20,000 removed from the previous meeting’s appropriation ordinance. Malone, Martin, Huddleston, and Wallace voted in opposition. Motion carried with Williams breaking the tie and voting in favor of the motion.

New Business:

Frisco Depot Transportation Enhancement Grant Application: Williams stated this is our third time to apply for this grant. Shaw stated this would more than likely be our last shot as there may not be a TE program in the future. Shaw stated the state recommended we bump our match up to get additional points on our application. Huddleston stated he is in favor of doing something with the depot, but if the grant doesn’t come through this year what would we do. Keefer stated that is a good question. He stated there are other options out there such as selling tax credits, piece-milling the project out, or using all of our Capital Improvement funds one year to make the necessary repairs. Keefer stated he thinks we should take a shot to meet the 25% match. Childers made a motion to approve Resolution 2013-01 authorizing the submittal of the application for the Transportation Enhancement Grant application to KDOT for the restoration of the Frisco Depot including a 25% match and authorizing the City Manager to execute the application. Rawlings seconded the motion. Motion carried without opposition.

REAP: Council considered approval of the City’s 2013 membership to the Regional Economic Area Partnership and Water Resources Committee. Sedgwick County Commissioner Dave Unruh addressed the governing body on behalf of REAP. He stated REAP is an important initiative in south central Kansas. He stated William’s contributions have been appreciated and he respects her leadership. Unruh stated REAP is a volunteer organization that was started in 1997 to enhance the regional economy. He stated it allows communities in our region to speak with one voice and it includes 34 local governments in a 9 county area. Unruh stated that he is fully aware that member cities do not unanimously agree in all areas, but that is not a prerequisite. He stated in order for our communities to remain competitive we have to enhance our economic development opportunities whenever possible.

Wichita Councilmember Jeff Longwell addressed the governing body on behalf of REAP. He stated there are five areas that allow REAP to provide Leadership, Partnership and Advocacy. They include Regional Forums, Water Resources, Economic Partnerships, Workforce Development, and Legislative Policy and Promotion. He stated REAP works as a catalyst to remove barriers. S. Jones asked for specifics on how they remove barriers. Longwell stated one of those include brining affordable airfares to our region. He stated that could not have been done without the regional partnership. Huddleston stated that REAP is a council of city governments for the south central region, but stated the memo includes information on affordable airfares and western Kansas. Longwell stated that western Kansas gets a portion of the $5 million allotted to the state and REAP has been designated to administer affordable airfares for the entire state. Longwell stated the assessment of membership fees is based on population and all communities have an equal vote. He stated REAP has such a good voice in Topeka because they have such numbers participating.

Wallace stated some people on the Sedgwick County Commission, specifically Ranzau and Peterhjohn have been quoted that this is a Trojan horse. Wallace asked for feedback on that. Longwell stated that affordable airfare is not a redistribution of wealth and he thinks all communities in this area benefit from that. Malone stated it is his understanding that Wichita is already in talks with the City of El Dorado about putting in a waterline along Hwy 254 and cutting all of us out of it. Longwell stated that is not correct and that he hasn’t seen the report yet on a waterline from El Dorado to Wichita. He stated this is not an us versus you type of situation. He stated if we are going to improve our economic development situation we have to work together in a partnership. Unruh stated as far as mandating policy to communities, there has been no authority granted to REAP to impose anything on a local government. Wallace stated if REAP decides it wants something done, it can legislate to higher government which can mandate it to us whether we agree or not. Unruh stated he understands and shares Wallace’s concern about unfunded mandates and someone telling us what has to be done. Longwell stated our communities have a lot in common and look at things similarly.

Huddleston stated he doesn’t see a list of how funds are expended. Williams stated that was provided in the operating budget. Huddleston asked what REAP is able to provide to Augusta. He stated we have already worked on our water issues and with Andover on our airport. Longwell stated they have had workshops and would like to sit down with Augusta’s economic development team. Huddleston asked what REAP has done for Augusta in the past. Williams stated we were provided with a wealth of information with regard to our PAL agreements a few years ago. Longwell stated that Williams has led REAP and that the council has always been welcome to the table. Williams stated that during the discussion on affordable airfares REAP asked communities to consult with their businesses. She stated she did and that Pro-Kleen provided a wealth of information that REAP took to Topeka showing how much they spend annually on airfare. She stated our business benefit from affordable airfare. Reavis stated if you want to know what we as a city get from REAP it is probably less than what our citizens benefit from. He stated there are a lot of things our citizens get to take advantage of such as airfares, the train, etc.

Martin stated the projected revenue is listed at $320,000 and asked if they have the actuals for 2012. Joe Yeager with REAP stated that REAP contracts with WSU for staffing and in 2012 there were two separate budgets for REAP and the water resources. He stated they are now combined. Wallace stated that REAP sounds like something API should be involved in, not the city. Yeager stated that REAP is meant to be for elected officials. Wallace stated he thinks API at least needs to be involved. Yeager stated Augusta has benefitted from the relationships and communications with other communities that has come with the REAP membership.

Reavis made a motion to approve the City’s 2013 membership to the Regional Economic Area Partnership and Water Resources Committee. Childers seconded the motion. Motion carried with Malone, Martin, and Huddleston voting in opposition.

Neighborhood Revitalization Program – 604 Stone Lake Circle: Malone made a motion to approve the reinstatement of 604 Stone Lake Circle in the City of Augusta’s Neighborhood Revitalization Program. Reavis seconded the motion. Motion carried without opposition.

Emergency Water Supply Plan: S. Jones stated the wording needs to be fixed in section 3 at the top of page 7 to make it flow better. S. Jones made a motion to approve the annual update of the City of Augusta’s Emergency Water Supply Plan with the wording change. Malone seconded the motion. Motion carried without in opposition.

Informational Memorandum & Final Comments:

Wallace: Wallace inquired about the status of the annexations at the south end of town. Keefer stated he has pulled that information out again but hasn’t had a chance to look at it. He stated at one time he was waiting on information from the Museum about the ownership of the property. He stated he needs to notify the other property owner and send a letter.

Wallace stated he is concerned about the grant for the park and signing another agreement that lasts into perpetuity. Keefer stated staff made it clear that was included in the agreement. Shaw stated we already have those requirements for the park that last into perpetuity so this wouldn’t be adding any time to that.

S. Jones: S. Jones inquired about the barrels in the Bank of America Parking lot. E. Jones stated the barrels are being used for soil testing. She stated the soil has undergone two rounds of testing and that she has been in contact with the property manager inquiring about when they would be removed. E. Jones stated the property manager has maintained contact with her and has said they are awaiting approval for removal of the barrels.

Huddleston: Huddleston referenced the Safety Department monthly report and stated that the number of animals picked up always matches the shaded area except in December and asked what happened to the other 25 animals. Keefer stated he would have to check on that. Huddleston stated he has heard nothing about the council’s response to the Attorney General. Mr. All stated he sent an outline of what the council discussed and has not heard back. He stated he would check on that. Huddleston stated that in the LKM’s December magazine, the legal forum discussed subordinate bodies and the Kansas Open Meetings Act (KOMA). Huddleston stated that article would indicate that API would be subject to KOMA. Mr. All agreed. Keefer stated their meetings have always been open. Huddleston asked if they would be subject to serial meetings. Mr. All stated they would, but that they are an organization that is working continually outside of meetings but with only two or three members at a time. Huddleston asked if they should attend KOMA training to make sure they are acting legally. He stated they are acting as an arm of the city and if they are not aware of the KOMA rules they could be in violation.

Martin: Martin stated that during the last meeting the ward boundaries were changed, but according to the memo received tonight we will be campaigning under the old boundaries. E. Jones stated that is correct. She stated that although she received assurances from the former County Clerk, League of Kansas Municipalities, and Secretary of State’s Election office, the Butler County Attorney determined the ward boundaries could not be changed until after the April election. Martin asked if Butler County re-upped their REAP membership. Keefer stated he did not know.

Malone: Malone stated that the water issues are an old business item at all meetings and if we go into the summer with the water situation as it is it will be a problem. He stated we need to create a plan before we get to that day. Keefer stated that is why he keeps it as an agenda item. He stated it is a major concern and that 2.3 to 2.4 MGD will not be enough to meet a peak demand day in the summer. Malone stated we may need to start having those discussions and plan ahead. Keefer stated there are several communities in worse situations than us that do not allow any outdoor watering.

Reavis: Reavis stated at the last meeting Huddleston inquired about video streaming of the council meeting and asked if this would be a good time to look at a different web host that could archive the streaming given the concerns with the current web hosting. Shaw stated those are two different problems. He stated our storage comes from our server and is not a host issue. He stated he has been gathering information on streaming the council meetings and has looked at RFP’s. He stated he has also asked our video equipment company to look at our equipment. Reavis asked if we are looking at just streaming or archiving. Shaw stated he is looking at both. He stated streaming will be more difficult and archiving will take a lot of storage space. He stated he is looking at what type of equipment upgrades will be needed.

Reavis stated the new stopgap on Highland Drive is like a mini spillway and asked what it would cost to dye the concrete for the one on Kelly Avenue before it is poured. Rawlings stated he drives by it a couple times a day and hasn’t noticed it. He stated it will fade over time. Reavis stated more people will see the one on Kelly Avenue though.

Adjourn: At 9:51 p.m. Wallace made a motion to adjourn. Malone seconded the motion. Motion carried without opposition.